Terms of Use

This website with URL address https://listium.com is owned and operated by Listium Pty Ltd (ACN 163 142 112).

These Terms of Use ("Terms"), together with our Privacy Policy, govern your access to and use of Listium's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy policy

You may use our Products only if you create an account with Listium. When you create your Listium account you must provide us with accurate and complete information. When you create your account using a third-party service, such as Google or Facebook, they may provide personal information such as your name, email address and other information your privacy settings on that service allow in order that we may create your account on Listium.

Any use or access by anyone under the age of 13 is prohibited.

If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Listium allows you to post content, including photos, files, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post on Listium.

When posting content, you grant to Listium a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Listium the right to sub-license these rights, and the right to bring an action for infringement of these rights.

If you cancel your account, or if you remove any content from Listium, we may retain your content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, other Listium Users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your content that they may have duplicated through Listium.

Listium respects the intellectual property rights of others, and we expect you to do the same.

It’s our policy to disable or terminate the accounts of people who repeatedly infringe the property rights of others.

In keeping with the Digital Millennium Copyright Act, which you can read at the US Copyright Office website, we’ll respond quickly to claims of copyright infringement on Listium that are reported to us as outlined below.

If you’re a copyright owner you can report alleged copyright infringements on Listium by completing the DMCA Notice of Alleged Infringement and sending it to us.

When we get your DMCA notice, we’ll take whatever action we think is appropriate, which may include removing the reported content from Listium.

If we remove content in response to a DMCA notice, we may notify the person who saved it on Listium so they have the opportunity to send a counter-notice. We may also send a complete copy of the notice to others, as appropriate.

To submit a DMCA notice email [email protected] with the following information:

• Identify the content on Listium you claim to be infringing your rights, including the information we need to help us find it, like the URL to the page on Listium.
• Provide your mailing address, phone number and email address.
• Include both of these statements in the body of your notice:
  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use)."
  • "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed."
• If the work you’re reporting is an image, you can ask us to remove all copies of the image. At the beginning of your notice, just ask us to “remove all copies of the image.” Please note that if an image has been modified we may not be able to find or remove it.

You may only use Listium as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:

• Use any engine, software, tool, agent, device, mechanism or the like to access Listium in any way other than through our publicly supported interfaces;
• Access, tamper with, or use non-public areas of Listium;
• Probe, scan, or test the vulnerability of Listium or breach any security or authentication measures;
• Decipher, decompile, disassemble or reverse engineer any of the software used to provide Listium;
• Plant malware or use Listium to distribute malware;
• Violate any applicable law or regulation;
• Use Listium to post pornographic content, content that is likely to promote violence, or other content that could possibly cause harm;
• Send spam or other unsolicited communications, promotions or advertisements;
• Attempt to interfere with Listium by affecting the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing Listium, or attacking Listium with a denial-of-service attack;
• Attempt any of the above, or encourage or enable any other individual to do any of theabove.

We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Listium may terminate or suspend your account at any time, with or without cause or notice to you. Upon termination you may continue to be bound by specific Terms in this agreement.

You agree to indemnify and hold harmless Listium Pty Ltd and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Listium or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXAMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LISTIUM EXCEED THE GREATER OF TWENTY U.S. DOLLARS (U.S. $20.00) OR THE AMOUNT, IF ANY, YOU PAID LISTIUM IN THE PAST THREE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT LISTIUM HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

LISTIUM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Listium takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.

Content may contain links to other sites. Listium does not endorse these websites or verify their content or the accuracy of their content.

This website uses cookies to monitor browsing preferences. If you allow cookies to be used then some personal information may be stored by us for use by third parties.

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.

Intellectual Property includes but is not limited to:

• all present and future rights to intellectual property, including inventions, improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction. This includes but is not limited to text, information, photos, graphics, user interfaces, photographs, logos and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.
• all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
• all work products developed in whole or in part by us.

These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.

The validity, interpretation, and performance of these Terms and of the Warrants shall be governed in all respects by the laws of the State of Victoria, without giving effect to conflicts of law principles that would result in the application of the substantive laws of another jurisdiction. Listium hereby agrees that any action, proceeding or claim against it arising out of or relating in any way to these terms shall be brought and enforced in the courts of the State of Victoria, and irrevocably submits to such jurisdiction, which jurisdiction shall be exclusive. You hereby waive any objection to such exclusive jurisdiction and that such courts represent an inconvenient forum.